The damage to the picket fence is of a very small and minor nature.
The area of old white ant workings in confined to only a few pickets in the fence
Almost without exception in the sale of similar villas or houses in the Perth Metropolitan Region, there would be similar old white ant workings of this nature. In a sale of a property in similar circumstances there would be no impediment to the fulfilment of contractual requirements. The buyers of those other properties would readily accept such a report and sign a waiver.
Issue of prior knowledge - Ro**en Real Estate had no knowledge whatsoever of the damage to part of the southern picket fences.
The seller is an extremely elderly woman and it is very unlikely that she would have any awareness of the old white ant workings.
The first time that I became aware of the old white ant workings was when both met with Houspect and he brought it to your and my attention.
There is no evidence of current white ant infestation and the inconsequential damage has in all probability existed for many years.
You decided not to provide us with a copy of either the building or white ant inspector’s reports. This is very unusual and in all the years of professional practice by the Principals and staff of our company, it has never happened before.
It is normal for white ant inspectors to refer to virtually any old termite working as being ‘moderate damage’. Indeed, it would be highly unusual for such a report to use a lower category impairment description.
The location of the old white ant workings are in an area that are largely covered by green foliage and are not readily visible.
The minor cost of the replacement of a few pickets will be the responsibility of the Body Corporate.
There is absolutely no disadvantage to you.
In British Common Law, to establish a damage (or what is known as a ‘tort’) your loss would need to be shown. This cannot be so established as there is none.
As there is no loss or damage it is most sincere recommendation that you both sign the waiver and provide it to us today.